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Paragraph 14 Biodiversity gain planF1

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

For the purposes of paragraph 13(2)(a), a biodiversity gain plan is a plan which—

(a)

relates to development for which planning permission is granted, and

(b)

specifies the matters referred to in sub-paragraph (2).

(2)

The matters are—

(a)

information about the steps taken or to be taken to minimise the adverse effect of the development on the biodiversity of the onsite habitat and any other habitat,

(b)

the pre-development biodiversity value of the onsite habitat,

(c)

the post-development biodiversity value of the onsite habitat,

(d)

any registered offsite biodiversity gain allocated to the development and the biodiversity value of that gain in relation to the development,

(e)

any biodiversity credits purchased for the development, and

(f)

such other matters as the Secretary of State may by regulations specify.

(3)

The Secretary of State may by regulations make provision about—

(a)

any other matters to be included in a biodiversity gain plan;

(b)

the form of a biodiversity gain plan;

(c)

the procedure to be followed in relation to the submission of a biodiversity gain plan (including the time by which a plan must be submitted);

(d)

persons who may or must submit a biodiversity gain plan.

(F24)

Section 327ZA applies to the power conferred by sub-paragraph (3) as if a biodiversity gain plan were an “associated document” within the meaning of that section.

Annotations

Textual amendments

F1

Sch. 7A inserted (3.11.2023 for specified purposes, 12.2.2024 for specified purposes, 1.5.2025 for specified purposes) by Environment Act 2021 (c. 30), s. 147(3), Sch. 14 para. 2 (with s. 144); S.I. 2023/1170, reg. 2(d); S.I. 2024/44, reg. 2(1)(d)(2) (with regs. 3, 4); S.I. 2025/447, reg. 2(1)(b)(2)

F2

Sch. 7A para. 14(4) inserted (25.4.2024) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 124(3), 255(3)(b) (with s. 247); S.I. 2024/452, reg. 3(i)

Notes on Part 2

Modifications

C1

Sch. 7A Pt. 2 applied (with modifications) (12.2.2024) by The Biodiversity Gain Requirements (Irreplaceable Habitat) Regulations 2024 (S.I. 2024/48), regs. 1(1), 3 (with reg. 4)

C2

Sch. 7A Pt. 2 applied (with modifications) (12.2.2024) by The Biodiversity Gain (Town and Country Planning) (Modifications and Amendments) (England) Regulations 2024 (S.I. 2024/50), regs. 1(2), 3-8